Article 8 Human Rights

[Janey142]

hiya

I am British and we are doing an application for him Flr (O) based on Article 8 Human Rights for my fiance.

To cut a LONG story short.. he was brought into the UK as a minor on a South African passport without documents by his mother (British by descent not birth so she CANNOT pass it to him) from South Africa. She never registered him in the UK as a minor and despite saying she was coming on holiday to see her father (Fully British) to the airport staff she stayed here with her son and husband.

Her husband had a visa, her child did not.

My fiance did not know there was anything wrong, in fact as he went to school in the UK he even got his National Insurance card posted to him on his 16th birthday.

He then went to apply for a passport and it all came tumbling down. "You are an "irregular migrant" we cannot find you on UKBA records". Then we went on a 2 year hike of lies where his mother kept saying she WAS born in the UK and no idea why there would be a problem passing it to him or why he would need documents.

In an awkward moment in a lawyers office she admitted she wasn't born in the UK and said to get off her case and that my fiance should have "sorted himself out" (at 14!??) b****

My fiance then found papers showing that she had started applications and not finished them and that she had not pursued any contact with UKBA resolving anything and was fully aware of the situation.

Now my Fiance is obviously well over 18 and too old to apply for any suitable forms and can only exlain this all to the UKBA in a human rights form. He has also been with me 6 and a half years and went to school here. He has good Scottish standard grades (including English) and has evidence that his whole family on his mothers side are british (by descent or by birth), his father in south africa was only his adoptive father and he has no contact with him now but has heard that even he lives in the netherlands now. He has NOTHIGN in south Africa.

Does this seem the right route? Do you think he has a chance? We have been battling with this for years and he hates that I have to support him and he can't work

[quantum1]

Its a shame his mother was irresponsible with regards to his future, this could have been dealt with so easily when he was a minor. For now he has few options. It depends on how old he was when he came to the UK, how long he has been here for and whether he is currently exercising family life. Given that he has been illegal the entire time it is best to sort this out quickly before the new immigration bill is passed, it will be harder then. This is a consequence of his mother's negligence and the only way to argue that is in an FLR(O) application. The fact that he was intentionally deceived and took the opportunity to correct his situation when he became aware of it is a credit to him. I think you have as good a chance as any for a successful outcome. You just have to go for it.